Dear community,
There are one or two threads answering this question positive, but I want to be really sure not to violate Martins rights an any way. There is much confusion in germany about it...
Is it allowed to use the word "moodle" as part of a domain? I don't plan to register a name like moodle.ws, but e.g. we are currently using the name moodleschule.de. There are no commercial interests (we do not earn any money, we just want moodle to become more public to all german teachers) and there is also a link to moodle.org explaining, that moodle is a product developed by a world-wide community.
I have been so enthusiastic about the possibilities of moodle, that I did not think about this before, which was completely wrong.
So we are also going to change our liveCD (bootsplash) to make it really clear to anybody, that we are not the developers of moodle, though we never saw a chance that this could be though by a user by now. Nobody in germany or worldwide community who downloaded the image felt confused yet and so I thought everything was alright. But maybe it is not. Please post your point of view...
Maik
Maik Riecken への返信
Re: Question: Use of the word "moodle" as part of a domain name
- Steve Hyndman の投稿
Hope not since I own about three of them
If it's available you can buy it, own it, and bascially do what you want with it. You make a good point about recognizing the Moodle community and not pretending to be the developer of Moodle or "owners" of Moodle. And you certainly don't want to sell Moodle...that would be a violation of the open source license.
Also, you can use the domain to make money if you want...there is no law against making money with Moodle...a lot of Moodle partners are doing it As long as you are up-front about Moodle and where it came from (which it seems you are) then you have done all that is legally and ethically required and the domain name is yours to so with what you want.
Steve
Steve Hyndman への返信
Re: Question: Use of the word "moodle" as part of a domain name
- Martin Dougiamas の投稿
There is a lot of misinformation here, Steve.
The word "Moodle" is a trademark that I have taken in many countries, including the US where you are. Specifically, my trademark covers the use of the word Moodle for commercial purposes. That means you can not use the word Moodle to promote commercial Moodle services (such as hosting, consulting, development, support etc) without my permission. This includes domain names of course, as well as web pages and company names. The whole point of the trademark is to make it more valuable to be a Moodle Partner, so obviously all Moodle Partners have permission to use the word this way.
The GPL says nothing about not selling Moodle (have a read of the license!). You can sell Moodle if you can!
Finally, yes, it's always good to link to moodle.org and mention the community etc. An awful lot of work and thought and love and stress and anguish and fun has happened here.
The word "Moodle" is a trademark that I have taken in many countries, including the US where you are. Specifically, my trademark covers the use of the word Moodle for commercial purposes. That means you can not use the word Moodle to promote commercial Moodle services (such as hosting, consulting, development, support etc) without my permission. This includes domain names of course, as well as web pages and company names. The whole point of the trademark is to make it more valuable to be a Moodle Partner, so obviously all Moodle Partners have permission to use the word this way.
The GPL says nothing about not selling Moodle (have a read of the license!). You can sell Moodle if you can!
Finally, yes, it's always good to link to moodle.org and mention the community etc. An awful lot of work and thought and love and stress and anguish and fun has happened here.
Martin Dougiamas への返信
Re: Question: Use of the word "moodle" as part of a domain name
- Maik Riecken の投稿
Thanks Martin,
I understood the following:
I understood the following:
As long as we don't provide commercial services we don't need your permission to use the word "moodle" inside our domain name. I we are going to earn money with the name "moodle", we will have to ask you first to get permission (or not! that's your decision!) or change our domain name, logo and all stuff related to the word "moodle".
Thanks for all of the love, stress, anguish, fun and last but not least - moodle.
regards,
Maik
That's *definitly* allright for us. We *will* increase linking to moodle.org... You did so much great work. We want to give back some of our experience to the community, but this seems to be not so easy - I will send a pm to you via moodle messenger about that.
Thanks for all of the love, stress, anguish, fun and last but not least - moodle.
regards,
Maik
Martin Dougiamas への返信
Re: Question: Use of the word "moodle" as part of a domain name
- Steve Hyndman の投稿
Okay...maybe I'm misinformed. Here is part of my reasoning.
First about not selling Moodle. Here is what the GPL does say in section 2...not just about Moodle, but about all open source licenses under GPL:
GNU GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION...2. You may modify your copy or copies of the Program or any portion
of it, thus forming a work based on the Program, and copy and
distribute such modifications or work under the terms of Section 1
above, provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices
stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in
whole or in part contains or is derived from the Program or any
part thereof, to be licensed as a whole at no charge to all third
parties under the terms of this License.
2b, seems to tell me that I must make anything I develop based on Moodle available free. So, no, it doesn't say I can't sell it, but I would have a hard time selling something that I have to make available free. For example, I'm developing an eportfolio program based on Moodle...my understanding is that I have to make that program abailable free of charge to the community since it is based on this open source program. I can sell hosting and support for the eportfolio...just like I can Moodle and I guess technically, I could sell the program if people were willing to pay for something they have a right to get for free anyway. Maybe I'm misunderstanding something here about open source.
As far as the trademark of Moodle goes, yes, I understand that is your trademark adn I respect your trademark. But, that doesn't keep me or anyone from purchasing a domain name with the word moodle in it and using it. If I set-up a site and "pretend" to be Moodle, then there is a problem.
However, if I set-up a site to sell things and have a domain name with the word moodle in it pointing to that site, then I'm well within my rights to do that.
Steve
Steve Hyndman への返信
Re: Question: Use of the word "moodle" as part of a domain name
- Dan Stowell の投稿
Steve - This question about selling open-source software has popped up in many open-source communities. Everyone is always surprised that it is perfectly legal (and plausible) to sell a product that is available under GPL!
For example, the excellent excellent open-source audio editor Audacity was (and possibly still is) being sold as part of a CD-ROM of audio software. The seller wasn't even using the name Audacity - they gave it their own name and sold it for a profit. But since they also included the source code on the CD, it was perfectly legal.
The seller in question argued that as well as selling the software, they were also including a period of technical support, so the package was something of a "value-added". Personally, I think they were still morally dubious since they weren't making the origin of the software 100% clear to the naive user. But whether or not there was any kind of value-added, there was no violation of the GPL.
For example, the excellent excellent open-source audio editor Audacity was (and possibly still is) being sold as part of a CD-ROM of audio software. The seller wasn't even using the name Audacity - they gave it their own name and sold it for a profit. But since they also included the source code on the CD, it was perfectly legal.
The seller in question argued that as well as selling the software, they were also including a period of technical support, so the package was something of a "value-added". Personally, I think they were still morally dubious since they weren't making the origin of the software 100% clear to the naive user. But whether or not there was any kind of value-added, there was no violation of the GPL.
Dan Stowell への返信
Re: Question: Use of the word "moodle" as part of a domain name
- Steve Hyndman の投稿
Thanks Dan...I understand there is a difference between what is "ethical" and what is "legal". I can see where "technically" when I said, "selling Moodle was a violation of GPL" isn't correct. GPL states (in 2b that I referenced above) that you must provide it at no charge. So I guess you could sell it while at the same time providing it at no charge. In the case you cite above, even if they were providing the source code on the CD, they were charging for it...so, unless they also provided if for free, it seems they could still be considered to be in violation of GPL. Don't know...I'm no lawyer...just a somewhat logical thinker When I read something that says you must provide something at no charge, then that pretty much precludes you from selling it unless you plan to be sneaky about it.
When I wrote my original reply above, I was primarily thinking of my own situation where I am taking Moodle and making quite a few changes to the source code to make it work the way I want it to work as an ePortfolio.
I guess I cound turn around and market and sell my finished product as "Steve's Eportfolio", but I'm still obligated by the GPL to make it available for free if anyone wants it. It would seem to me that if it's not illegal, then it would be a serious ethical problem, for me to set-up a website, market "Steve's Eportfolio" for sell and not (like you point out above) make the origin clear and make it clear that the code is available for free.
Steve
Steve Hyndman への返信
Re: Question: Use of the word "moodle" as part of a domain name
- Michael Penney の投稿
Hmm, seems to me you could put your changes in CVS with install instructions, and then sell the package on CD or as a download as a 'ready to go' installation. You're providing the source free on the CD and folks can download it and install it themselves from CVS.
For things that require alot of changes to the core files, or that depend on several different modules/blocks, etc. many folks may prefer to just buy a package ready to go rather than muck around in source files.
For things that require alot of changes to the core files, or that depend on several different modules/blocks, etc. many folks may prefer to just buy a package ready to go rather than muck around in source files.
Michael Penney への返信
Re: Question: Use of the word "moodle" as part of a domain name
- Steve Hyndman の投稿
That's true, but I don't intend to sell it...I intend to give it away to anyone who wants it...use at their own risk of course.
I do intend to offer full-service ePortfolio hosting for a fee, but if someone whats to host themselves, they can have the code...same as here in Moodle with the partners. The way I see it, the code is not mine...it's based on a lot of work by a much larger community. I believe that is why we should (and I believe the GPL actually requires) all dirivitive works of open source products to be provided to others at no charge for the code.
Steve
Steve Hyndman への返信
Re: Question: Use of the word "moodle" as part of a domain name
- Marcus Green の投稿
No you don't have to make anything you develop based on moodle available for free, you can indeed sell it. But if you sell it then the person you sell it gets the right to sell (or give it away for free). You do not have to make your program available at all, you can keep it at home and not show it to anyone else, you can use it in your organisation and not tell a soul and you can let the public use it without showing them the source code. The restrictions only kick in if you give or sell someone else the code (or binary if it were a non interpreted language).
Marcus Green への返信
Re: Question: Use of the word "moodle" as part of a domain name
- Steve Hyndman の投稿
No you don't have to make anything you develop based on moodle available for free, you can indeed sell it. But if you sell it then the person you sell it gets the right to sell (or give it away for free).
Well....I've always been told that Americans don't really speak or understand the English language...I guess that's ture for me 
.
I don't see anything in the GPL that says you have the "right to sell (or give away for free). Here is what it does say:
1. You may copy and distribute verbatim copies of the Program's
source code as you receive it, in any medium, provided that you
conspicuously and appropriately publish on each copy an appropriate
copyright notice and disclaimer of warranty; keep intact all the
notices that refer to this License and to the absence of any warranty;
and give any other recipients of the Program a copy of this License
along with the Program.
You may charge a fee for the physical act of transferring a copy, and
you may at your option offer warranty protection in exchange for a fee.
2. You may modify your copy or copies of the Program or any portion
of it, thus forming a work based on the Program, and copy and
distribute such modifications or work under the terms of Section 1
above, provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices
stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in
whole or in part contains or is derived from the Program or any
part thereof, to be licensed as a whole at no charge to all third
parties under the terms of this License.
c) If the modified program normally reads commands interactively
when run, you must cause it, when started running for such
interactive use in the most ordinary way, to print or display an
announcement including an appropriate copyright notice and a
notice that there is no warranty (or else, saying that you provide
a warranty) and that users may redistribute the program under
these conditions, and telling the user how to view a copy of this
License. (Exception: if the Program itself is interactive but
does not normally print such an announcement, your work based on
the Program is not required to print an announcement.)
Oh well...enough of this discussion...I need to go brush-up on my English .
Steve
Steve Hyndman への返信
Re: Question: Use of the word "moodle" as part of a domain name
- Michael Penney の投稿
I read it as the difference between distribution and license. If you distribute it, you can charge for the act of distribution.
However you can't limit the use or re-distribution of the code you distribute; the the person/people you distribute it to, whether they paid you or not, get a license to use and redistribute the code themselves, and they can charge or not charge as part of that.
However you can't limit the use or re-distribution of the code you distribute; the the person/people you distribute it to, whether they paid you or not, get a license to use and redistribute the code themselves, and they can charge or not charge as part of that.
Michael Penney への返信
Re: Question: Use of the word "moodle" as part of a domain name
- Steve Hyndman の投稿
Just got back from my English class...didn't learn much 
Good point Michael...it seems this would be the equivalent of a "shipping and handling" fee and you can offer a warranty and charge for that...but that is significantly different from "selling the program"...in my opinion.
Steve
Steve Hyndman への返信
Re: Question: Use of the word "moodle" as part of a domain name
- Martin Dougiamas の投稿
A good example is Redhat Linux, which you can buy here:
https://www.redhat.com/software/rhel/compare/server/
Even though all or nearly all the code they use is available for free.
https://www.redhat.com/software/rhel/compare/server/
Even though all or nearly all the code they use is available for free.
Martin Dougiamas への返信
Re: Question: Use of the word "moodle" as part of a domain name
- Brigitte Koch の投稿
Hello Martin,
I intend to use Moodle not only as a working place with my partners but also
for commercial purposes (especially coaching). I would like to use the domain
name "moodeln", it means "to moodle" and that could be
collaborative learning, working together, create new ideas and so on.
As a psychologist I prefer to get people involved,
that they open up and see possibilities. You cant do that with heavy words
(and German sounds often heavy 
), and moodeln lets your imagination
flourish.
Of course I have to explain, from where does moodeln come.
What do you think about it?
Best regards
Brigitte
Brigitte Koch への返信
Re: Question: Use of the word "moodle" as part of a domain name
- Martin Dougiamas の投稿
This sounds totally fine.
Using Moodle as a tool to make sites that people pay to use, or for learning within a company etc is totally OK and even encouraged, in fact there is a whole course here devoted to it:
Moodle for Business Uses
The trademark on the name "Moodle" only applies when providing general commercial services for Moodle users (such as hosting, consulting, support, customisation, security etc) - basically anything that competes against the Moodle Partners who are paying for that privilege.
Using Moodle as a tool to make sites that people pay to use, or for learning within a company etc is totally OK and even encouraged, in fact there is a whole course here devoted to it:
Moodle for Business Uses
The trademark on the name "Moodle" only applies when providing general commercial services for Moodle users (such as hosting, consulting, support, customisation, security etc) - basically anything that competes against the Moodle Partners who are paying for that privilege.
Have I missed something here?
Is it not possible to offer Workshops
or courses about Moodle on a commercial
basis without being a Moodle partner?
What if you are not promoting anything
but people ask you for help anyway?
Are you not allowed to say yes and
charge anything for such work?
How about HowToMoodle courses as a
precondition, or part of other courses
that you offer on your Moodle-driven site?
Cheers, Anders
Is it not possible to offer Workshops
or courses about Moodle on a commercial
basis without being a Moodle partner?
What if you are not promoting anything
but people ask you for help anyway?
Are you not allowed to say yes and
charge anything for such work?
How about HowToMoodle courses as a
precondition, or part of other courses
that you offer on your Moodle-driven site?
Cheers, Anders
Maik Riecken への返信
Re: Question: Use of the word "moodle" as part of a domain name
- Martin Dougiamas の投稿
Martin Dougiamas への返信
Re: Question: Use of the word "moodle" as part of a domain name
- Ulrike Montgomery の投稿
Martin,
One of our schools in Germany has just shown me their new moodle and wanted my opinion. I noticed that they had removed the moodle logo at the bottom of each page and replaced it with their own logo. Nowhere in their site does it say that it is a Moodle site. I told them that in my opinion it has to be mentioned somewhere that it is a moodle site. Could you please help us on that issue?
Ulrike
Hi Ulrike
I think you'll find that there is no requirement to do so in open source software, although I agree with you, IMHO I think it is "bad form" to not have some sort of acknowledgement to point people on the correct path and away from other somewhat evil options
The only thing you can't do is not to comply with:
"agreeing to provide the source to others; not modify or remove the original license and copyrights, and apply this same license to any derivative work."
Regards
Harry
I think you'll find that there is no requirement to do so in open source software, although I agree with you, IMHO I think it is "bad form" to not have some sort of acknowledgement to point people on the correct path and away from other somewhat evil options
The only thing you can't do is not to comply with:
"agreeing to provide the source to others; not modify or remove the original license and copyrights, and apply this same license to any derivative work."
Regards
Harry
Ulrike Montgomery への返信
Re: Question: Use of the word "moodle" as part of a domain name
- Timothy Takemoto の投稿
Once many moons (about 34) ago Martin mused about change the licence to include requirement that users display the logo, and then rejected the idea, coming out firmly in favour of the GPL. We are free to remove the logo. A year later, this post seems to sum things up
http://moodle.org/mod/forum/discuss.php?d=612&parent=3276
http://moodle.org/mod/forum/discuss.php?d=612&parent=3276
Timothy Takemoto への返信
Re: Question: Use of the word "moodle" as part of a domain name
- Ulrike Montgomery の投稿
Ulrike Montgomery への返信
Re: Question: Use of the word "moodle" as part of a domain name
- Urs Hunkler の投稿